[Cites 1, Cited by 0]
Orissa High Court
Kothari Biswajit Mekap vs Aravind Agrawal on 16 January, 2026
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC No.6988 of 2024
Kothari Biswajit Mekap .... Petitioner
Mr. Budhadev Routray, Senior Advocate along
with Mr. Somyakesh Swain, Advocate
-versus-
Aravind Agrawal, I.A.S., Commissioner- .... Opposite Parties
cum-Secretary, Higher Education
Department & others
Mr. Sanjay Rath, AGA
CORAM:
HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No. ORDER
04. 16.01.2026
1. Sri Budhadev Routray, learned Senior Advocate along with
Sri Somyakesh Swain, learned Advocate submitted that this Court
vide judgment dated 04.12.2023 passed in WPC(OAC) No.2424 of
2016 directed the opposite parties as follows:-
"19. Under the aforesaid premises, the impugned Office
Order bearing No. 17952-6C-11-2011-II, dated 12.05.2016
issued by the Deputy Director (GCB) by Order of Director of
Higher Education (Odisha) (Annexure-6) and Order bearing
No.17904-HE-FE-IIICASE-22/2016/HE, dated 12.07.2017
issued by the Additional Secretary to Government by Order
of the Additional Chief Secretary to Government of Odisha in
Department of Higher Education (Annexure-11) cannot
withstand judicial scrutiny; as such, the said Orders are
liable to be set aside and this Court does so.
19.1. The opposite parties are, therefore, directed to consider
the case of the petitioner favourably in the light of the
observations made supra and take decision by passing
appropriate order(s) and extend all available benefits as per
entitlement.
Page 1 of 4
19.2. It is made clear that the entire exercise shall be
completed within a period of two months hence.
20. In fine, the writ petition stands disposed of in terms of
observations and directions as above, but in the
circumstances without any order as to costs."
1.1. He submitted that the direction contained therein has not yet
been complied with.
2. Sri Sanjay Rath, learned Additional Government Advocate
submitted that a show-cause affidavit being sworn to by the Director,
Higher Secondary Education Department has come to be filed on
17.10.2025 stating therein the following facts:-
"9. That, the deponent respectfully submits that, the State
Opposite Party has already initiated all necessary and
appropriate steps for the early listing and expeditious
hearing of W.A. No.1283 of 2025 pending before this Hon'ble
Court for disposal.
10. Therefore, considering the facts and submissions
delineated above, the Hon'ble Court may kindly allow time
till disposal of the writ appeal for enabling the deponent to
submit appropriate compliance report before this Hon'ble
Court."
3. As it appears from the aforesaid paragraphs, the opposite
parties are under misconception that mere filing of Writ Appeal
would tantamount to stay of operation of the directions contained in
the judgment dated 04.12.2023 passed in WPC(OAC) No.2424 of
2016.
4. Sri Budhadev Routray, learned Senior Advocate appearing
for the petitioner placed reliance on an order dated 24.01.2023 passed
by the Hon'ble Supreme Court in SLP(C) No(s).19038 of 2022,
Sanjiv Kumar Singh v. The State of Bihar and others, 2023 LiveLaw
(SC) 63. He highlighted paragraph-3 of the said order:-
Page 2 of 4
"3. In a matter where the petitioner was before the High
Court seeking a direction to the respondent no.2/ District
Magistrate, East-Champaran, Motihari, Bihar to grant 'No
Objection Certificate' (NOC) for starting MS/HSD retail
outlet dealership over land situated in Khata No.544, Plot
No.1077, Thana No. 196, Tauzi No. 951, Ward No.37 in
Mauza Chhota Bariyarpur, Police Station Chhatauni,
Motihar, District-East Champaran, Bihar, the District
Magistrate had rejected the request of the petitioner for issue
of NOC. The said order being assailed before the High Court,
the High Court has also dismissed the petition only on the
ground that the respondents herein had contended that as
against the decree passed in favour of the petitioner in
respect of the said judgment and decree dated 25.08.2021, an
appeal has been filed before the High Court and the same
is yet to come up for hearing. From the documents produced
along with the counter affidavit, the respondents have
produced the extract of the present case status of FA-
16/2022. It is pointed out that the appeal is filed on
11.03.2022 which was registered on 15.03.2022 and the
scrutiny for posting the appeal before the Court is yet to be
completed.
Though, such contention is put forth by the respondents,
keeping in view the provisions of Order 41, Rule 5 of the Code
of Civil Procedure, unless the appeal is listed and there is an
interim order, the mere filing of the appeal would not operate
as a stay. If that be so, the judgment and decree passed
25.08.2021 would enure to the benefit of the petitioner as on
today and the rejection of the NOC only on the ground that
the appeal has been filed, would not be justified. In that view,
the High Court was also not justified in rejecting the
petition."
4.1. He also submitted that the show-cause affidavit indicating
mere filing of Writ Appeal will not absolve the Contemnors from
complying with the direction of this Court. He also brought to the
notice of this Court to the orders passed by a Coordinate Bench of
this Court in CONTC Nos.2062 of 2024, 708 of 2025 and 1322 of
2025, which are to be similar effect.
5. Perused the aforesaid orders of the Hon'ble Supreme Court
and Coordinate Bench of this Court. This Court is satisfied that the
show-cause affidavit disclosing reason for non-compliance of the
judgment dated 04.12.2023 passed in WPC(OAC) No.2424 of 2016
is vague and without any legal foundation. Hence, this Court is
constrained to reject the said show-cause affidavit, inasmuch as no
record of proceeding in W.A. No.1283 of 2025 is furnished by the
learned Additional Government Advocate.
6. In view of the above, this Court issues notice to the Opposite
Parties/Contemnors, requisites for which shall be filed within three
working days. The registry shall issue notice to the opposite parties
as soon as requisites are filed.
7. List this matter on 20.02.2026.
[[
(M.S. Raman)
Judge
MRS
Signature Not
Verified
Digitally Signed
Signed by: MANORANJAN
SAMAL
Designation: PERSONAL
ASSISTANT
Reason: Authentication
Location: Orissa High Court,
Cuttack
